Monday, December 03, 2012

Ninth Circuit -- MIKHAIL PECHENKOV V. ERIC H. HOLDER JR.


Federal courts cannot review immigration holding allowing removal based on commission of a particularly dangerous crime unless a matter of law is raised, a constitutional claim is raised, or the IJ makes findings extraneous to the record of the conviction.

Relevant statute not unconstitutional.

Concurrence (by the author): The extraneous findings category ("on the merits") is erroneous.


MIKHAIL PECHENKOV V. ERIC H. HOLDER JR.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.